State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-609

Rule 609. Impeachment by evidence of conviction ofcrime.

(a)        General rule. – For the purpose of attacking the credibilityof a witness, evidence that the witness has been convicted of a felony, or of aClass A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited fromthe witness or established by public record during cross‑examination orthereafter.

(b)        Time limit. – Evidence of a conviction under this rule isnot admissible if a period of more than 10 years has elapsed since the date ofthe conviction or of the release of the witness from the confinement imposedfor that conviction, whichever is the later date, unless the court determines,in the interests of justice, that the probative value of the convictionsupported by specific facts and circumstances substantially outweighs itsprejudicial effect. However, evidence of a conviction more than 10 years old ascalculated herein is not admissible unless the proponent gives to the adverseparty sufficient advance written notice of intent to use such evidence toprovide the adverse party with a fair opportunity to contest the use of suchevidence.

(c)        Effect of pardon. – Evidence of a conviction is notadmissible under this rule if the conviction has been pardoned.

(d)        Juvenile adjudications. – Evidence of juvenile adjudicationsis generally not admissible under this rule. The court may, however, in acriminal case allow evidence of a juvenile adjudication of a witness other thanthe accused if conviction of the offense would be admissible to attack thecredibility of an adult and the court is satisfied that admission in evidenceis necessary for a fair determination of the issue of guilt or innocence.

(e)        Pendency of appeal. – The pendency of an appeal therefromdoes not render evidence of a conviction inadmissible. Evidence of the pendencyof an appeal is admissible. (1983, c. 701, s. 1; 1999‑79, s. 1.)